SEP 29 '88 17:42 HEW&M 415 772-6268 S.F., CA. USA P.7 Page 6 years in the litigation. The Hoopa Valley Tribe's counsel stated: "Delaying tactics that's the point of all those things". Soon after, Mr. Dickstein suggested that the Hoopa Valley Tribe change its tactics and join with the Short plaintiffs to resolve the Reservation's problems. Two weeks later he has fired. It is apparent that the proponents of this bill believed that if they could delay and confuse the final resolution of the Short case for enough years, they could convince Congress that it must act. Passage of this bill would send a message to litigants, a message that misuse of the court process is a good tactic; that if you can delay long enough, then Congress will step into ongoing lawsuits to reverse them. I urge you to reject this bill, to send a message that Congress will not reward such conduct. The majority of the Indians of the Reservation are not wholly opposed to a legislative solution, if it turns out that eventually one is necessary. What they are opposed to is any legislative solution which reverses the principles established by the courts, any solution which divides their Reservation and families, any solution which terminates Indian rights, and any solution which violates their civil and constitutional rights. The majority group has tried to work with the authors of the bill to reach a solution which implements, rather than reverses, the court decisions. Assistant Secretary Ross Swimmer testified at the Senate hearing that a Confederated Tribe of the SEP 29 '88 17:42 HEW&M 415 772-6268 S.F., CA. USA P.8 Page 7 Reservation might work, or some other solution which does not split the Reservation. But the authors of the bill have not listened. They have refused to even consider any legislative solution that does not begin with a provision splitting the Reservation into two parts, with the 90,000 acre part going to the losing minority group and the 3,000 acre part going to the majority group. Our clients have asked the authors to include a referendum provision, one requiring the BIA to conduct an election on the Reservation to determine what the Indians want before any bill takes effect. That is the essence of Indian self determination. Yet the authors have steadfastly refused to even discuss such a provision. I ask a simple question: If this bill is fair, if this bill is the result of a consensus, if the Indians truly want this bill, then what do the authors have to fear from a referendum? After 25 years of court struggle, the majority of the Indians of the Reservation have finally been given a say in Reservation government. Only two months ago, three respected elders were elected to represent the majority of Indians of the Reservation on the Reservation's newly formed Community Advisory Council. All three of those elected leaders oppose this bill. The political process of self-determination on this Reservation has finally begun to work. The BIA's policy of excluding the majority of Indians has finally, thanks to the court system, begun to . SEP 29 '88 17:43 HEW&M 415 772-6268 S.F., CA. USA P.9 Page 8 change. But the court decisions need time to work. The BIA created this problem over 38 years. It cannot be fixed overnight. I urge you to reject this bill, and let the Indians decide what is best for their future. All an imposed solution will do is create more problems and more litigation for this Reservation. September 29, 1988 Honorable Peter Rodino Honorable Peter Rodino I am writing to oppose Congressman Doug Bosco's bill to separate the Hoopa Valley Indian Reservation. While I am not an Indian, I have two minor children who are Yurok Indians. This bill deprives my children of their legal right to revenues from the entire reservation. As the legal guardian of my children, I feel an obligation to seek a legal course of action against the United States Government should this bill pass. Congressman Bosco is trying to back the Yurok Indians into a corner so that they have no recourse to sue for a violation of their fifth amendment rights. I may not be a Yurok Indian but this bill deprives my children and myself of their per capita share of income from the reservation. This is income that I can use to help support my children until they are eighteen years of age. It is income that would ensure that my children would receive the education and other economic benefits that are entitled to them because of their special status as Indians of the Hoopa Valley Indian Reservation. While I am the legal guardian of two Yurok children, I have never received any correspondence from Congressman Bosco regarding the contents of this bill. Congressman Bosco has not initiated ΟΙ supported any effort to publicly solicit input from the persons affected by this legislation. The only information I have received regarding the bill has been what I have read in the local newspapers and by word-of-mouth. Considering the magnitude of this bill's consequences on Northcoast California Indians, I think it would be appropriate for Congress to initiate a full investigation of the consequences of passing this bill. It may also be appropriate for the U.S. Justice Department to investigate the methods that have been used by Congressman Bosco to push this legislation through congress. Congressman Bosco's claims to alturistic reasons for supporting the bill are highly suspect after observing the methods he has used to support this legislation. After talking to staff members of Congressman Bosco, the local newspapers have more than once printed incorrect information about the bill. This has had the affect of confusing both Indian and non-Indians. He has refused to meet with Yuroks that are opposed to the bill. Instead he has selected a handful of Yuroks that will support him on his legislation. These individuals have been provided direct access to influential government employees, while Yuroks opposing the bill have been excluded from these private meetings. In exchange for their support Congressman Bosco has allowed these non-elected Yuroks to provide major input into the writing of the bill. It is beginning to appear as if the Hoopa Valley Tribal Council, Congressman Bosco, his Page 2 staff, and various government officials are acting in collusion to deprive thousands of Yuroks Indians of fair and impartial treatment and their legal and aboriginal rights. I would like to thank you for your careful review of this legislation. I cannot minimize the negative impact that this bill will have on the lives of Yuroks and the United States Government for years to come. singerely Peggsein 1905 Papke Court Eureka, CA 95501 90-793 (216) |